Preview
Filing # 98837928 E-Filed 11/13/2019 04:40:07 PM
IN THE CIRCUIT COURT OF THE
NINTH JUDICIAL CIRCUIT IN AND
FOR OSCEOLA COUNTY, FLORIDA
HODGES BROTHERS, INC.,
Plaintiff,
VS. Case No.: 2018-CA-4003
CLARDY A. MALUGEN, as Trustee of
The CLARDY A. MALUGEN FAMILY TRUST,
and CLARDY A. MALUGEN, individually,
Defendants.
/
PLAINTIFF HODGES BROTHERS, INC.’S RESPONSE TO DEFENDANT, CLARDY A.
MALUGEN FAMILY TRUST’S REQUEST FOR PRODUCTION OF DOCUMENTS
SERVED OCTOBER 12, 2019
PLAINTIFF HODGES BROTHERS, INC. (hereinafter “HODGES”) and serves these
answers and objections to the Request for Production of Documents served by DEFENDANT,
CLARDY A. MALUGEN FAMILY TRUST on October 12, 2019, and responds as follows:
GENERAL OBJECTIONS
HODGES objects to all paragraphs of the request to produce to the extent they may be
construed to require the disclosure of any attorney-client privileged, accountant-client
privileged, trade secret, work product or other information which is not subject to
discovery due to any applicable privilege.
HODGES objects to all paragraphs of the request to produce to the extent they are not
calculated to lead to the discovery of admissible evidence.
HODGES objects to all paragraphs of the request to produce to the extent they are unduly
burdensome due to the volume, age, difficulty in locating and reviewing, or extent of the
documents or things requested.
HODGES objects to the request to the extent it demands that HODGES produce
documents previously provided to DEFENDANT. HODGES notes that all known project
records were provided to DEFENDANT on or about October 22, 2019 with a supplemental
response to DEFENDANT’s ch. 558 notice, or previously to that response.
5 Subject to and without waiving the foregoing objections, HODGES answers the request to
produce, paragraph by paragraph, as follows:
ITEMS REQUESTED
1 HODGES has produced these documents already. Any of the documents requested in
this paragraph, and not already produced, will be produced (following DEFENDANT’s delivery
to HODGES of the documents requested by HODGES), except for those subject to the above
objections. HODGES objects to producing any work product or attorney client privileged
communications.
2. HODGES objects to this request as duplicative of 1.
3. HODGES has produced these documents already. Any of the documents requested in
this paragraph, and not already produced, will be produced (following DEFENDANT’s delivery
to HODGES of the documents requested by HODGES), except for those subject to the above
objections. HODGES objects to producing any work product or attorney client privileged
communications.
4. HODGES objects to this request as duplicative of 1 and 2.
5. HODGES has produced these documents already. Any of the documents requested in
this paragraph, and not already produced, will be produced (following DEFENDANT’s delivery
to HODGES of the documents requested by HODGES), except for those subject to the above
objections. HODGES objects to producing any work product or attorney client privileged
communications.
6. HODGES has produced these documents already. Any of the documents requested in
this paragraph, and not already produced, will be produced (following DEFENDANT’s delivery
to HODGES of the documents requested by HODGES), except for those subject to the above
objections. HODGES objects to producing any work product or attorney client privileged
communications.
7. HODGES has produced these documents already. Any of the documents requested in
this paragraph, and not already produced, will be produced (following DEFENDANT’s delivery
to HODGES of the documents requested by HODGES), except for those subject to the above
objections. HODGES objects to producing any work product or attorney client privileged
communications.
8. HODGES objects to producing the payroll documents because they contain confidential
information concerning nonparty employees such as names, addresses, social security numbers
and compensation.
9. HODGES has produced these documents already. Any of the documents requested in
this paragraph, and not already produced, will be produced (following DEFENDANT’s delivery
to HODGES of the documents requested by HODGES), except for those subject to the above
objections. HODGES objects to producing any work product or attorney client privileged
communications.
10. HODEGS does not believe any such documents exist. If they do, any of the documents
requested in this paragraph, and not already produced, will be produced (following
DEFENDANT’s delivery to HODGES of the documents requested by HODGES), except for
those subject to the above objections. HODGES objects to producing any work product or
attorney client privileged communications.
11. HODGES has produced these documents already. Any of the documents requested in
this paragraph, and not already produced, will be produced (following DEFENDANT’s delivery
to HODGES of the documents requested by HODGES), except for those subject to the above
objections. HODGES objects to producing any work product or attorney client privileged
communications.
12. HODGES objects to this request as not calculated to lead to the discovery of admissible
evidence. There is no claim that the lien is excessive or not based on actual work performed.
13. HODGES has produced these documents already. Any of the documents requested in
this paragraph, and not already produced, will be produced (following DEFENDANT’s delivery
to HODGES of the documents requested by HODGES), except for those subject to the above
objections. HODGES objects to producing any work product or attorney client privileged
communications.
14. HODGES has produced these documents already. Any of the documents requested in
this paragraph, and not already produced, will be produced (following DEFENDANT’s delivery
to HODGES of the documents requested by HODGES), except for those subject to the above
objections. HODGES objects to producing any work product or attorney client privileged
communications.
15. Any of the documents requested in this paragraph, and not already produced, will be
produced (following DEFENDANT’s delivery to HODGES of the documents requested by
HODGES), except for those subject to the above objections. HODGES objects to producing any
work product (including but not limited to nontestifying consultant communications or
documents if any) or attorney client privileged communications.
16. Any of the documents requested in this paragraph, and not already produced, will be
produced (following DEFENDANT’s delivery to HODGES of the documents requested by
HODGES), except for those subject to the above objections. HODGES objects to producing any
work product (including but not limited to nontestifying consultant communications or
documents if any) or attorney client privileged communications.
17. HODGES objects to this request as not calculated to lead to the discovery of admissible
evidence, and unduly burdensome as it requires the review of large numbers of emails requiring
considerable time and effort without any likely relevance or value to the case.
18. HODGES objects to this request as not calculated to lead to the discovery of admissible
evidence, and unduly burdensome as it requires the review of large numbers of messages
requiring considerable time and effort without any likely relevance or value to the case.
19. HODGES objects to this request as not calculated to lead to the discovery of admissible
evidence. There is no claim that the lien is excessive or not based on actual work performed.
Subject to and without waiving the objection, some of these documents have been produced
already.
20. HODGES objects to this request as not calculated to lead to the discovery of admissible
evidence. There is no claim that the lien is excessive or not based on actual work performed.
21. HODGES has produced these documents already. Any of the documents requested in
this paragraph, and not already produced, will be produced (following DEFENDANT’s delivery
to HODGES of the documents requested by HODGES), except for those subject to the above
objections. HODGES objects to producing any work product or attorney client privileged
communications.
22. HODGES objects to this request as not calculated to lead to the discovery of admissible
vidence.
23. No experts have been designated at this time, so no documents which meet this
classification exist.
24. HODGES objects to this request to this request because the classification of what counsel
for HODGES believes supports or refutes allegations calls for the disclosure of attorney thought
processes and opinions, and the HODGES is not required to provide such information under the
work product doctrine.
25. Any of the documents requested in this paragraph, and not already produced, will be
produced (following DEFENDANT’s delivery to HODGES of the documents requested by
HODGES), except for those subject to the above objections. HODGES objects to producing any
work product or attorney client privileged communications.
26. HODGES objects to this request as not calculated to lead to the discovery of admissible
evidence, as HODGES was in privity with the owner and no notice to owner was required.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this 13th day of November, 2019, I electronically filed the
foregoing with the Clerk of the Courts by using the E-Portal System pursuant to Florida Rule of
Judicial Administration 2.516 (a), which E-Portal will provide service upon: Thomas F. Neal,
Esq., 332 N. Magnolia Ave., P.O. Box. 87, Orlando, FL 32802 at e-mails:
tneal@dsklawgroup.com and Inovak@dsklawgroup.com(Counsel for Plaintiff) and Rouselle A.
Sutton, III, Esq. and Brian Christopher Walker, Esq., Thompson, Jaglal & Sutton, P.A., 4767
New Broad Street, Orlando, FL 32814 at e-mails: bo.sutton@thompsonjaglal.com and
brian.walker@thompsonjaglal.com (Counsel for Defendants).
HILL, RUGH, KELLER & MAIN, P.L.
_/s/ Andrew V. Showen.
ANDREW V. SHOWEN
Florida Bar No. 0476153
Board Certified Construction Lawyer
390 North Orange Avenue, Suite 1610
Orlando, FL 32801
(407) 926-7460
(407) 926-7461 (facsimile)
filings@hrkmlaw.com
Attorney for Plaintiff (only as to counterclaim)
Preview
Filing # 98837928 E-Filed 11/13/2019 04:40:07 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA HODGES BROTHERS, INC., Plaintiff, VS. Case No.: 2018-CA-4003 CLARDY A. MALUGEN, as Trustee of The CLARDY A. MALUGEN FAMILY TRUST, and CLARDY A. MALUGEN, individually, Defendants. / PLAINTIFF HODGES BROTHERS, INC.’S RESPONSE TO DEFENDANT, CLARDY A. MALUGEN FAMILY TRUST’S REQUEST FOR PRODUCTION OF DOCUMENTS SERVED OCTOBER 12, 2019 PLAINTIFF HODGES BROTHERS, INC. (hereinafter “HODGES”) and serves these answers and objections to the Request for Production of Documents served by DEFENDANT, CLARDY A. MALUGEN FAMILY TRUST on October 12, 2019, and responds as follows: GENERAL OBJECTIONS HODGES objects to all paragraphs of the request to produce to the extent they may be construed to require the disclosure of any attorney-client privileged, accountant-client privileged, trade secret, work product or other information which is not subject to discovery due to any applicable privilege. HODGES objects to all paragraphs of the request to produce to the extent they are not calculated to lead to the discovery of admissible evidence. HODGES objects to all paragraphs of the request to produce to the extent they are unduly burdensome due to the volume, age, difficulty in locating and reviewing, or extent of the documents or things requested. HODGES objects to the request to the extent it demands that HODGES produce documents previously provided to DEFENDANT. HODGES notes that all known project records were provided to DEFENDANT on or about October 22, 2019 with a supplemental response to DEFENDANT’s ch. 558 notice, or previously to that response. 5 Subject to and without waiving the foregoing objections, HODGES answers the request to produce, paragraph by paragraph, as follows: ITEMS REQUESTED 1 HODGES has produced these documents already. Any of the documents requested in this paragraph, and not already produced, will be produced (following DEFENDANT’s delivery to HODGES of the documents requested by HODGES), except for those subject to the above objections. HODGES objects to producing any work product or attorney client privileged communications. 2. HODGES objects to this request as duplicative of 1. 3. HODGES has produced these documents already. Any of the documents requested in this paragraph, and not already produced, will be produced (following DEFENDANT’s delivery to HODGES of the documents requested by HODGES), except for those subject to the above objections. HODGES objects to producing any work product or attorney client privileged communications. 4. HODGES objects to this request as duplicative of 1 and 2. 5. HODGES has produced these documents already. Any of the documents requested in this paragraph, and not already produced, will be produced (following DEFENDANT’s delivery to HODGES of the documents requested by HODGES), except for those subject to the above objections. HODGES objects to producing any work product or attorney client privileged communications. 6. HODGES has produced these documents already. Any of the documents requested in this paragraph, and not already produced, will be produced (following DEFENDANT’s delivery to HODGES of the documents requested by HODGES), except for those subject to the above objections. HODGES objects to producing any work product or attorney client privileged communications. 7. HODGES has produced these documents already. Any of the documents requested in this paragraph, and not already produced, will be produced (following DEFENDANT’s delivery to HODGES of the documents requested by HODGES), except for those subject to the above objections. HODGES objects to producing any work product or attorney client privileged communications. 8. HODGES objects to producing the payroll documents because they contain confidential information concerning nonparty employees such as names, addresses, social security numbers and compensation. 9. HODGES has produced these documents already. Any of the documents requested in this paragraph, and not already produced, will be produced (following DEFENDANT’s delivery to HODGES of the documents requested by HODGES), except for those subject to the above objections. HODGES objects to producing any work product or attorney client privileged communications. 10. HODEGS does not believe any such documents exist. If they do, any of the documents requested in this paragraph, and not already produced, will be produced (following DEFENDANT’s delivery to HODGES of the documents requested by HODGES), except for those subject to the above objections. HODGES objects to producing any work product or attorney client privileged communications. 11. HODGES has produced these documents already. Any of the documents requested in this paragraph, and not already produced, will be produced (following DEFENDANT’s delivery to HODGES of the documents requested by HODGES), except for those subject to the above objections. HODGES objects to producing any work product or attorney client privileged communications. 12. HODGES objects to this request as not calculated to lead to the discovery of admissible evidence. There is no claim that the lien is excessive or not based on actual work performed. 13. HODGES has produced these documents already. Any of the documents requested in this paragraph, and not already produced, will be produced (following DEFENDANT’s delivery to HODGES of the documents requested by HODGES), except for those subject to the above objections. HODGES objects to producing any work product or attorney client privileged communications. 14. HODGES has produced these documents already. Any of the documents requested in this paragraph, and not already produced, will be produced (following DEFENDANT’s delivery to HODGES of the documents requested by HODGES), except for those subject to the above objections. HODGES objects to producing any work product or attorney client privileged communications. 15. Any of the documents requested in this paragraph, and not already produced, will be produced (following DEFENDANT’s delivery to HODGES of the documents requested by HODGES), except for those subject to the above objections. HODGES objects to producing any work product (including but not limited to nontestifying consultant communications or documents if any) or attorney client privileged communications. 16. Any of the documents requested in this paragraph, and not already produced, will be produced (following DEFENDANT’s delivery to HODGES of the documents requested by HODGES), except for those subject to the above objections. HODGES objects to producing any work product (including but not limited to nontestifying consultant communications or documents if any) or attorney client privileged communications. 17. HODGES objects to this request as not calculated to lead to the discovery of admissible evidence, and unduly burdensome as it requires the review of large numbers of emails requiring considerable time and effort without any likely relevance or value to the case. 18. HODGES objects to this request as not calculated to lead to the discovery of admissible evidence, and unduly burdensome as it requires the review of large numbers of messages requiring considerable time and effort without any likely relevance or value to the case. 19. HODGES objects to this request as not calculated to lead to the discovery of admissible evidence. There is no claim that the lien is excessive or not based on actual work performed. Subject to and without waiving the objection, some of these documents have been produced already. 20. HODGES objects to this request as not calculated to lead to the discovery of admissible evidence. There is no claim that the lien is excessive or not based on actual work performed. 21. HODGES has produced these documents already. Any of the documents requested in this paragraph, and not already produced, will be produced (following DEFENDANT’s delivery to HODGES of the documents requested by HODGES), except for those subject to the above objections. HODGES objects to producing any work product or attorney client privileged communications. 22. HODGES objects to this request as not calculated to lead to the discovery of admissible vidence. 23. No experts have been designated at this time, so no documents which meet this classification exist. 24. HODGES objects to this request to this request because the classification of what counsel for HODGES believes supports or refutes allegations calls for the disclosure of attorney thought processes and opinions, and the HODGES is not required to provide such information under the work product doctrine. 25. Any of the documents requested in this paragraph, and not already produced, will be produced (following DEFENDANT’s delivery to HODGES of the documents requested by HODGES), except for those subject to the above objections. HODGES objects to producing any work product or attorney client privileged communications. 26. HODGES objects to this request as not calculated to lead to the discovery of admissible evidence, as HODGES was in privity with the owner and no notice to owner was required. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 13th day of November, 2019, I electronically filed the foregoing with the Clerk of the Courts by using the E-Portal System pursuant to Florida Rule of Judicial Administration 2.516 (a), which E-Portal will provide service upon: Thomas F. Neal, Esq., 332 N. Magnolia Ave., P.O. Box. 87, Orlando, FL 32802 at e-mails: tneal@dsklawgroup.com and Inovak@dsklawgroup.com(Counsel for Plaintiff) and Rouselle A. Sutton, III, Esq. and Brian Christopher Walker, Esq., Thompson, Jaglal & Sutton, P.A., 4767 New Broad Street, Orlando, FL 32814 at e-mails: bo.sutton@thompsonjaglal.com and brian.walker@thompsonjaglal.com (Counsel for Defendants). HILL, RUGH, KELLER & MAIN, P.L. _/s/ Andrew V. Showen. ANDREW V. SHOWEN Florida Bar No. 0476153 Board Certified Construction Lawyer 390 North Orange Avenue, Suite 1610 Orlando, FL 32801 (407) 926-7460 (407) 926-7461 (facsimile) filings@hrkmlaw.com Attorney for Plaintiff (only as to counterclaim)